Terms and Conditions
Welcome to P.L.A.Y.! We hope that this will be the first of many visits to our website and that you will enjoy your shopping experience. If you plan to use this website you are agreeing to comply with and be subject to the terms and conditions for use which are listed below. If you do not agree with any one of these terms do not use our website. The purchasers of products from P.L.A.Y. are subject to the following terms and conditions. The term “Purchaser” shall mean the party placing an order with P.L.A.Y. and identified as such in any document attached hereto (each, an “Attachment”, and collectively, the “Attachments”). This document and all Attachments are hereinafter collectively referred to as “this Agreement”. The terms and conditions set forth in this Agreement shall constitute the entire agreement between P.L.A.Y. and Purchaser relating to the sale of the products described in any Attachment, or in a subsequent purchase or sales order. No conflicting or final terms or conditions which may appear in any order or other document of Purchaser shall be of any force or effect unless accepted and agreed to in writing by an officer of P.L.A.Y.
Information contained on this website is for your information and personal use. We reserve the right to change or amend it at any time without notice. . Pricing: The prices listed are exclusive of all sales, use, excise or other taxes. P.L.A.Y. reserves the right, at any time, to change its prices for products or services sold, effective immediately upon posting on the site or by e-mail delivery to you. Purchaser is responsible for paying all state sales tax in accordance with local regulations.
Our website contains material which is licensed to P.L.A.Y. and which is prohibited from being reproduced in any form. This includes, but is not limited to, our design, logo and photographs.
To insure your Security and Privacy and to protect your transactions P.L.A.Y. subscribes to VeriSign which provides SSL (Secure Sockets Layer) technology by encrypting your name, address and credit card information.
P.L.A.Y. will occasionally send our customers promotional emails or sale notices. If you wish to "opt out" of this service please contact Customer Service at firstname.lastname@example.org and your name will be removed.
Consent To Collection, Use & Disclosure of Your Personal Information
While P.L.A.Y. takes reasonable steps to safeguard and to prevent unauthorized access to your personal information, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your private information. In no event shall P.L.A.Y. be liable for any damages (whether consequential, direct, incidental, indirect, punitive, special or otherwise) arising out of, or in any way connected with, a third party’s unauthorized access to your personal information, regardless of whether such damages are based on contract, strict liability, tort or other theories of liability, and also regardless of whether P.L.A.Y. was given actual or constructive notice that damages were possible.
P.L.A.Y. will pre-pay the freight and bill Purchaser for shipping and handling charges. Purchaser will choose carrier and standard of delivery. No goods shall be returned for credit or replacement without prior RMA authorization by P.L.A.Y. All goods returned without such prior authorization will not be accepted by P.L.A.Y.
Terms of Payment
Payment is due upon placement of order. Payment method will be credit card (Visa, MasterCard, or American Express). Seller may pursue any legal or equitable remedies, in which event Seller shall be entitled to reimbursement for costs of collection and reasonable attorney fees in the case of non-payment. There shall be no time limit as to when Seller shall pursue any legal or equitable remedies. Reasonable annual costs of collection and attorney fees shall be defined as the greater of a maximum of $50,000, one hundred percent (100%) of compounded collection amount, or maximum allowable by law.
Disclaimer of Warranties and Limitation of Liability
P.L.A.Y. shall in no event be liable for damages, including but not limited to incidental or consequential damages, for injury to any property or to any person, by reason of the person's negligence or otherwise in connection with the safe, delivery or use of the products pursuant to this Agreement. Purchaser shall indemnify and hold harmless P.L.A.Y. against further liability. Without limiting the generality of the foregoing, P.L.A.Y. shall in no event be liable for lost profits arising out of, or in connection with, this Agreement. Neither P.L.A.Y. nor purchaser shall be liable for delay in the performance of any of its obligations under this Agreement arising out of causes beyond its control, including but not limited to acts of nature, governmental action, fires, floods, epidemics, quarantines, strikes, embargoes, or severe weather. EXCEPT AS EXPRESSLY STATED HEREIN, P.L.A.Y. EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO OR REFERENCED BY THE P.L.A.Y. SITE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, NON-INFRINGEMENT, OR CORRESPONDENCE TO DESCRIPTION.
General Provisions and Governing Law
This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns. Neither this Agreement nor any variation or modification of this Agreement or waiver of any of the terms or provisions hereof shall be deemed valid nor binding upon P.L.A.Y. unless in writing, signed by an officer of P.L.A.Y. and delivered by P.L.A.Y. to Purchaser. Failure by either party to enforce the terms hereof shall not be deemed a waiver of future enforcement of that or any other term. This Agreement shall be construed and enforced in accordance with the procedural and substantive Laws of the State of California, United States of America (with the exception of the conflicts of laws provisions of such state), and both parties agree that the federal and state courts located in California shall have jurisdiction over any matter arising in connection with this Agreement, and hereby submit to such jurisdiction, further, the parties agree that venue for any matter arising in connection with this shall properly lay in the County of San Francisco, California.
Notices under this Agreement shall be in writing and forwarded registered or certified mail, postage prepaid. Notices to P.L.A.Y. shall be addressed to P.L.A.Y. 71 Stevenson, Suite 400, San Francisco, California 94105. Notices to Purchaser shall be sent to the Purchaser at the address provided to P.L.A.Y. at the point of sale.
Last Modified: November 10, 2010